The Chairman introduced himself
and asked the Committee Members, Officers and those parties present
to introduce themselves.
In attendance were Mr. Gary
Thrall and Mrs. Deanna Thrall (Applicants) and Interested Parties
Mr. Tim Barton, Mr. D. Toon and Mrs. D. Toon.
The Chairman explained the
procedure to be adopted throughout the duration of the
The Licensing Team Leader then
proceeded to outline the application for a Premises
The Chairman then invited the
Applicants, Mrs. Deanna Thrall and Mr. Gary Thrall to put forward
their case to the Sub Committee.
Following this and in accordance with adopted procedure, the
Interested Parties, the Sub Committee Members and the Legal Officer
were offered the opportunity to ask questions of the Applicants for
the purposes of lucidity and further explanation.
The Interested Parties,
represented by Mr. D. Toon, were then invited to put forward to the
Sub Committee the nature of their representations and concerns
regarding the application for a new Premises Licence. Following this and in accordance with adopted
procedure the Applicants, the Sub Committee Members and the Legal
Officer were offered the opportunity to ask questions of the
Interested Parties for the purposes of lucidity and further
Finally, the Chairman invited
the Applicants and the representative for the Interested Parties to
sum up their respective cases.
The Chairman and Members of the
Sub Committee then withdrew from the hearing in order to deliberate
upon the application and representations made in respect of
The hearing was adjourned at
The Chairman and the Sub
Committee Members subsequently returned to the room and the hearing
was reconvened at 10.49 a.m.
The Legal Officer delivered the
Sub Committee’s findings, the decision and the reasons as
The Sub Committee had taken
into account the evidence put before it at the hearing and also
taken into account the contents of the application and written
Findings of the Sub Committee
1. No representations were
received from any Relevant Authority;
2. No representations were
received from Nottinghamshire Police specifically in connection
with anti-social behaviour or crime & disorder in the area the
premises will be located;
3. No evidence was presented
of anti-social behaviour or crime & disorder connected to this
Premises and there was sufficient evidence to demonstrate the
licensing objectives would be upheld.
4. The Interested Parties
raised concerns as to noise issues they had experienced under the
current operation at the premises but the Sub Committee felt that
the impositions of conditions could address/alleviate such
5. The representations and
concerns raised by Interested Parties were acknowledged by the
Sub-Committee and the proposals from the Applicant should alleviate
the residents’ concerns.
that the decision of
the Licensing Sub-Committee (in exercise of its powers delegated by
Ashfield District Council as Licensing Authority) was to grant the
application for a premises licence subject to the following
A. The mandatory
conditions applicable under the Licensing Act 2003; and
B. The following
conditions as attached by the Licensing Sub-Committee as a result
of this hearing (replacing those contained
within the original application and those agreed by the Applicant
with Nottinghamshire Police):
A CCTV system with recording equipment shall be
installed and maintained at the premises. Cameras shall cover
the entrance and exit to the premises and all areas where the
sale/supply of alcohol takes place. The equipment shall be
maintained in good working order and:
Be of evidential quality and produce images in all
Indicate the correct time and date;
Be retained for 31 days; and
Sufficient staff will be trained to use the
The original images will be made available for
inspection upon reasonable
request to Officers of responsible authorities.
Copies of the recordings shall be provided in a
format which can be viewed on readily available equipment without
the need for specialist software.
The Premises Licence Holder shall ensure
that all staff employed at the premises whose duties include the
sale or supply of alcohol shall undertake and complete a relevant
programme of training prior to them being authorised to sell or
supply alcohol. Such training shall consist of providing staff with
an understanding of:
The need to ensure the responsible sale
and supply of alcohol
The need to refuse the sale and supply of
alcohol to persons who are intoxicated or underage
The need to seek credible age
verification from persons seeking to be sold or supplied alcohol
who may appear under the age of 18 years old
The content of the training programme shall be agreed
with the Force Licensing Officer of Nottinghamshire Police and the
Licensing Authority prior to implementation.
Records of the training programme shall be maintained
and made available to Authorised Officers upon request.
Premises Licence holder shall provide “refresher”
training to all relevant staff members as and when deemed necessary
on a case by case evaluation, but as a minimum requirement the
refresher training session shall be provided to all staff on at
least one occasion every six months.
details of the level of training shall be recorded in a bound and
sequentially paginated book or electronic record. This information
shall be made available for inspection and copying by the Police or
any other authorised person on request and all such books shall be
retained at the premises for at least 12 months.
All details of the level of training shall be
recorded in a bound and sequentially paginated book or electronic
record. This information shall be made available for inspection and
copying by the Police or any other authorised person on request and
all such books shall be retained at the premises for at least 12
A Premises Daily Register shall be held
at the premises. This Register shall be maintained for a rolling
minimum period of 12 months, and shall record:
The name of the person responsible for
the premises on each given day.
The name of the person authorising the
sale of alcohol each day.
All calls made to the premises where
there is a complaint made by a resident or neighbour of noise,
nuisance or anti-social behaviour by persons attending or leaving
the premises. This shall record the details of the caller, the time
and date of the call and the time and call.
Any refusals on grounds of age and/or
intoxication (to include date, time, member of staff involved,
reason for refusal as well as a brief physical description of the
Any calls to or visits by Nottinghamshire
Police or the Licensing Authority in relation to any crime and
disorder / public nuisance or like related matter.
Designated Premises Supervisor shall check the Premises Daily
Register on a weekly basis ensuring that it is completed and
up-to-date, sign the Premises Daily Register each time that it is
checked, and make the Premises Daily Register available for
inspection by any Authorised Officer throughout the trading hours
of the premises.
The premises shall implement written
policies and procedural statements and/or management action plans.
Such documents shall include, but not be limited to, the
Safeguarding Children & Vulnerable
Responsible Service of Alcohol
Underage Sales and False
Acceptable Form of
Zero Tolerance of Drugs
The above policies and procedural statements shall be
“live” documents, subject to amendment following
consultation with the Licensing Authority, Environmental Health
Department, and Nottinghamshire Police.
The Premises Licence holder shall ensure that all
staff employed at the premises are aware and understanding of the
policies / procedures referred to at Condition 5 and the content of
such policies and procedures and that they carry out their duties
in accordance with them. Any necessary and justifiable deviation
from those agreed shall be fully documented within the Premises
No person shall be allowed to leave the premises
whilst in the possession of any drinking vessel or open glass
bottle, whether empty or containing any beverage, other than to any
external area owned or legally occupied by the Premises Licence
The Premises Licence holder shall participate in the
designated local Pubwatch / Licensed Premises Partnership scheme
(should one be in operation) and ensure that a representative of
the licensed premises attend all of the arranged meetings or such a
person has made all reasonable endeavours to attend the arranged
All members of staff at the premises shall seek "credible
photographic proof of age evidence" from any person who appears to
be under the age of 25 years and who is seeking access to the
premises or is seeking to purchase or consume alcohol on the
premises. Such credible evidence, which shall include a photograph
of the customer, will include a passport, photographic driving
licence, or Proof of Age card carrying a "PASS" logo.
10. Signage shall be displayed
advising customers to be respectful to residents and to leave the
area in a quiet and orderly manner.
The Sub-Committee’s reasoning behind its
decision was based on it being satisfied that:
The granting of a premises licence with conditions
supports the licensing objectives.
The applicant is aware that the operating hours
under the terms of the current planning permission take precedence
over the operating hours granted by the premises
Granting a premises licence with conditions allows
the licensing authority to exercise more control over the premises
and address some of the concerns raised by the Interested
Licensing law is not the primary mechanism for the
general control of anti-social behaviour but rather a part of a
holistic approach to the management of the District;
There are other mechanisms available and in place
for controlling problems of anti-social behaviour and/or public
nuisance in the area.
If a Responsible Authority and/or Interested Party
felt that the license cannot be or is not being adhered to then a
review application can be made to the Licensing Authority for the
license to be reviewed.
The Applicant was willing to work with
the community, responsible authorities etc. to address any concerns
relating to the promotion of the Licensing Objectives.
The decision would be
notified to the parties in compliance with the legislation and
regulations. The parties have a right
to appeal against the decision to the Magistrates’ Court
within 21 days of the receipt of the notification of the